DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 24-43 are pending.
Claims 1-23 are cancelled.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.131(c). A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional, the reply must be complete. MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 24, 26, 29 are rejected on the grounds of non-statutory double patenting of claims 1, 4-5 in U.S. Patent US11385664B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the cited instant application claims are anticipated by the cited claims of U.S. Patent US11385664B2. The differences between the conflicting claims are minor and do not distinguish the overall appearance of one over the other. These differences include: controlling an HVAC vs energy consumption goals of an HVAC; associating the collected data with a user profile vs associating the collected data with the user identity; in response to the input vs for each indication of the user presence; receiving an input from a user vs receiving an indication of a user presence; storing the associated data as a user pattern in the user profile vs storing the associated data as a user pattern; a time associated with the input vs a time associated with the user presence; providing the user profile to the HVAC system vs providing the user pattern to the HVAC system.
Instant Application
U.S. Patent US11385664B2
Claim 24
A method for controlling a heating, ventilation, and air condition (HVAC) system based on one or more user preferences for an environment coupled to the HVAC system, the method comprising:
receiving an input from a user to adjust a setting of a first component from one or more components of the HVAC system;
in response to the input:
collecting data from the first component, and
associating the collected data with a user profile for the user;
storing the associated data as a user pattern in the user profile, wherein the associated data includes the collected data, the user profile, a time associated with the input, and wherein the user pattern identifies one or more adjustments for the user; and
providing the user profile to the HVAC system for adjustment of a setting of at least one component of the one or more components to achieve at least one user preference in the environment.
Claim 1
A method for achieving energy consumption goals for a heating, ventilation, and air condition (HVAC) system, the method comprising:
identifying one or more components of the HVAC system; for each of the one or more components of the HVAC system—
collecting data from the component, and
receiving an indication of a user presence in a vicinity of the component from a presence sensor; and
for each indication of the user presence from the presence sensor—
receiving a user identity, associating the collected data with the user identity,
storing the associated data as a user pattern, wherein the associated data includes the collected data, the user identity, a time associated with the user presence, and the indication of the user presence, wherein the user pattern identifies one or more adjustments for the user; and
providing the user pattern to the HVAC system for adjustment of a setting of at least one component of the one or more components.
Claims 32-34, 37 are rejected on the grounds of non-statutory double patenting of claims 8-9, 11, 16 in U.S. Patent US11385664B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the cited instant application claims are anticipated by the cited claims of U.S. Patent US11385664B2. The differences between the conflicting claims are minor and do not distinguish the overall appearance of one over the other. These differences include: controlling an energy consuming system vs achieving energy consumption goals for a HVAC system; for a first component from a plurality of components vs for at least one of a plurality of components; receiving an input from a user vs receiving an indication of a user presence; in response to the input vs for each received indication of the user presence; associating the collected data with a user profile associated with the user vs associating the collected data with the user; a time associated with the input vs a time associated with the user presence; providing the user profile to the energy consuming system vs providing the user pattern to the energy consuming system.
Instant Application
U.S. Patent US11385664B2
Claim 32
A non-transitory computer-readable medium storing instructions for controlling an energy consuming system that, if executed by a computing system having a processor, cause the computing system to perform operations comprising:
for a first component from a plurality of components in the energy consuming system,
receiving an input from a user to adjust a setting of the first component;
in response to the input:
collecting data from the first component, and
associating the collected data with a user profile associated with the user;
storing the associated data as a user pattern in the user profile, wherein the associated data includes the collected data, a time associated with the input, and wherein the user pattern identifies one or more adjustments for the user; and
providing the user profile to the energy consuming system for adjustment of a setting of at least one component of the plurality of components to achieve at least one user preference for the energy consuming system.
Claim 8
A non-transitory computer-readable medium storing instructions for achieving energy consumption goals for a heating, ventilation, and air condition (HVAC) system that, if executed by a computing system having a processor, cause the computing system to perform operations comprising:
for at least one of a plurality of components of an energy-consuming system—
collecting data from the component;
receiving an indication of a user presence in a vicinity of the component from a presence sensor; and
for each received indication of the user presence from the presence sensor—
identifying a user present in the vicinity of the component,
associating the collected data with the user,
storing the associated data as a user pattern, wherein the associated data includes the collected data, a time associated with the user presence, and the indication of the user presence, wherein the user pattern identifies a one or more adjustments for the user; and
providing the user pattern to the energy consuming system for adjustment of a setting of at least one component of the one or more components
Claims 39, 41-43 are rejected on the grounds of non-statutory double patenting of claims 8, 16-17 in U.S. Patent US11385664B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the cited instant application claims are anticipated by the cited claims of U.S. Patent US11385664B2. The differences between the conflicting claims are minor and do not distinguish the overall appearance of one over the other. These differences include; a computer system vs a computing system; receive an input from a user vs receiving an indication of a user presence; in response to the input vs for each received indication of the user presence; collect data from the first component vs collecting data from the component; associate the collected data with a user profile vs associating the collected data with the user; a time associated with the input vs a time associated with the user presence; providing the user profile to the HVAC system vs providing the user pattern to the energy consuming system.
Instant Application
U.S. Patent US11385664B2
Claim 39
A computer system for controlling a heating, ventilation, and air condition (HVAC) system based on one or more user preferences, the computer system comprising:
at least one processor; and
at least one memory storing computer-executable instructions that, when executed by the at least one processor, control the computer system to:
receive an input from a user to adjust a setting of a first component from one or more components of the HVAC system;
in response to the input, the computer-executable instructions control the computer system to:
collect data from the first component, and
associate the collected data with a user profile for the user; store the associated data as a user pattern in the user profile, wherein the associated data includes the collected data, the user profile, a time associated with the input, and wherein the user pattern identifies one or more adjustments for the user; and
provide the user profile to the HVAC system for adjustment of a setting of at least one component of the one or more components to achieve at least one user preference.
Claim 8
A non-transitory computer-readable medium storing instructions for achieving energy consumption goals for a heating, ventilation, and air condition (HVAC) system that, if executed by a computing system having a processor, cause the computing system to perform operations comprising:
for at least one of a plurality of components of an energy-consuming system—
receiving an indication of a user presence in a vicinity of the component from a presence sensor; and
for each received indication of the user presence from the presence sensor—
identifying a user present in the vicinity of the component,
collecting data from the component;
associating the collected data with the user,
storing the associated data as a user pattern, wherein the associated data includes the collected data, a time associated with the user presence, and the indication of the user presence, wherein the user pattern identifies a one or more adjustments for the user; and
providing the user pattern to the energy consuming system for adjustment of a setting of at least one component of the one or more components
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 24, 27, 31-32, 35, 39, 41, 43 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. The claim mentions “a user profile”, and describes storing user pattern data in the user profile, however the specification does not include any reference to “user profile”. The “user profile” limitation, and its related limitations, were introduced into the claim set with new claims 24-43 added on Dec 21, 2023 after cancelling original claims 1-23 which were posted on the application filing date of Oct 4, 2023, which did not include any reference to a “user profile”, rendering the limitation as being new material as it is not mentioned in the original disclosure of Oct 4, 2023.
Dependent claims 25-26, 28-30, 33-34, 36-38, 40, 42 are rejected based on dependency on the claims 24, 27, 32, 35, 39.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 35 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 35 recites the limitation “the second user” in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim(s) 36 is/are rejected based on dependency to rejected Claim 35
Allowable Subject Matter
Claims 24, 32, and 39 are allowable.
Dependent claim(s) 25-31, 33-38, and 40-43 is/are allowable over art based on their dependence upon claims 24, 32, 39 respectively.
The following is a statement of reasons for the indication of allowable subject matter: Applicant’s claim defines over the prior art of record because the prior art of record, taken either alone or in combination, does not teach in response to an input from a user to adjust a setting of a component, collecting data from the component, associating the collected data with a user profile associated with the user, then storing the associated data as a user pattern in the user profile, where the associated data includes the collected data, a time associated with the input, and wherein the user pattern identifies one or more adjustments for the user, and providing the user profile to the system for adjustment of a setting of at least one component of the one or more components to achieve at least one user preference in the environment.
Citation of Pertinent Prior Art
Ehlers et al, US Patent Pub US 20040133314 relates to claims regarding monitoring and control of major loads, e.g., total electric load, HVAC systems, water heater, and pool pump. A scheduling feature allows the customer to customize the devices. The customer is able to view and modify various parameters associated with their user profile. A motion sensor that automatically sets back the temperature to a predetermined point based on the presence of a person in the area.
Fadell et al, US Patent Pub US 20120130547 A1 relates to claims regarding a thermostat that detects user occupancy patterns, learned occupancy patterns and comfort preferences of the user.
Kastner et al, "Using AI to Realize Energy Efficient Yet Comfortable Smart Homes", 2010, IEEE, PP 1-2 relates to claims regarding automations systems that are aware of users, their preferences, habits and desires, to determine an optimal strategy for controlling the environment.
Barbato et al, "Home energy saving through a user profiling system based on wireless sensors", Nov 2009, BuildSys '09: Proceedings of the First ACM Workshop on Embedded Sensing Systems for Energy-Efficiency in Buildings, PP 49-53 relates to claims regarding a user profiling process using a mechanism for recording some events that can characterize the way in which users interact with the home and prediction algorithm that allows extracting from all these data some reasonable settings of the energy management system that is expected to be the most appropriate meet user requirements.
Conclusion
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/DAVID EARL OGG/
Primary Examiner, Art Unit 2119